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DECISION No

DECISION No.258-TTg ON THE 29TH OF APRIL 1995 OF THE PRIME MINISTER ON THE ORGANIZATION AND OPERATION OF THE VIETNAM SUB-COMMITTEE IN INTER-GOVERNMENTAL COMMITTEES FOR COOPERATION IN ECONOMY, TRADE, SCIENCE-TECHNOLOGY AND CULTURE WITH FOREIGN COUNTRIES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th on September 1992;

With a view to promoting and strengthening the development of external cooperative relations, and to implementing Treaties and Agreements with foreign countries;

In order to ensure the efficient operation of the Inter-Governmental Committees set up between Vietnam and other countries;

At the proposals of the Minister for Foreign Affairs and the Minister-Chairman of the Office of the Government,

DECIDES:

Article 1.- The Vietnam Sub-Committee in Inter-Governmental Committees (hereafter referred to as the Vietnam Sub-Committee) shall assist the Government and the Prime Minister in coordinating the country's cooperative relations in economy, trade, science-technology and culture with foreign countries and shall be placed directly under the direction of the Prime Minister.

Article 2.- The Vietnam Sub-Committee has the following tasks:

1. To put forth proposals on and, together with Ministries, Services and localities, to study possibilities for, broadening the country's economic, trade, scientific-technological and cultural cooperation with countries with which it has cooperative relations.

2. By assignment of the Prime Minister and within the operating framework of the Inter-Governmental Committee, the Vietnam Sub-Committee has the task of prompting the concerned agencies to prepare the content of, and negotiate and sign, agreements with the countries with which it has cooperative relations at State level, in line with their respective functions.

3. To monitor, prompt and coordinate the implementation by Ministries, Services and localities of the agreements and committed obligations in economic, trade, scientific-technological and cultural cooperation; and, at the same time, to exchange opinion with the concerned foreign country with a view to seeking measures to help both parties to fulfill successfully their respective obligations. Periodically to hold meetings of the Vietnam Sub-Committee to review the implementation of, and discuss measures to realize, agreements signed with the foreign country.

4. To organize meetings of the Inter-Governmental Committee to review the implementation of the agreements reached at the previous meeting, and to work out orientations and measures for strengthening the cooperation for the period between two meetings. Prior to each meeting of the Committee, the Chairman of the Sub-Committee shall report to the Prime Minister for his advice on issues related to the content of the meeting.

Article 3.- The standing members of the Vietnam Sub-Committee include:

- The Chairman of the Sub-Committee is a person of ministerial or vice-ministerial level of a Ministry or a Service in external economic relations. In the event that the agreement with the concerned foreign country calls for a person of higher or lower level, the appointed person must have the position required by the agreement.

- The Vice Chairman of the Sub-Committee is a person of vice-ministerial or equivalent level. (If the two parties agree, this post of Sub-Committee Vice-Chairmanship may not be appointed).

- The Executive Secretary of the Sub-Committee is a person of departmental or specialist capacity of the Office of the Government.

- In case of necessity, a number of members may be appointed to the standing staff of the Sub-Committee, or various sections or working groups may be formed, depending on the operating needs of the Committee and in conformity with the bilateral agreements.

Based on the above-described principles, the Office of the Government shall propose to the Prime Minister for approval the apparatus and composition of the Vietnam Sub-Committee.

Article 4.- The Vietnam Sub-Committee shall only operate according to the following principles:

1. The Sub-Committee shall discuss and reach agreement with the foreign party only on principles at Government level for cooperation in economy, trade, science-technology and culture, with a view to providing the legal framework and favorable environment for cooperation partners. Details of the cooperation in production and business shall be worked out and agreed upon directly by production and business organizations from both countries.

2. The Ministries, Services and localities which have their own proposals for cooperation with the foreign country within the framework of Article 41 should submit them to the Chairman of the Sub-Committee (via the Executive Secretary of the Sub-Committee) for processing, or for submission to the Prime Minister, before discussing them with the foreign party. The Sub-Committee may recommend issues, which need to be solved or put into cooperation with the foreign party, to the Prime Minister.

3. The documents signed with the foreign party within the framework of the Inter-Governmental Committee shall conform with the Ordinance on the Signing and Implementation of International Agreements. After the signing and ratification of the documents by the authorized level, the Sub-Committee shall organize their implementation and notify them to the concerned Ministries, Services and localities for implementation..

4. The concerned Ministries, Services and localities shall, at least once every six months and through the Office of the Government, inform the Sub-Committee of the situation of the implementation of the agreements with the foreign country within the cooperative framework of the Inter-Governmental Committee.

5. The Chairman, the Vice-Chairman and the Executive Secretary of the Sub-Committee are authorized to work directly with representatives of the foreign party to exchange views on and solve problems related to the cooperative relations.

6. The Chairman of the Sub-Committee is responsible for monitoring the implementation of the signed agreements and commitments toward the foreign party. In case of necessity, the Chairman of the Sub-Committee is authorized to convene representatives of the concerned Ministries, Services and localities to work out solutions to newly emerging problems. The Vice Chairman (if any) and the Executive Secretary shall assist the Chairman in the above-described duty.

7. The Chairman of the Sub-Committee shall take charge of the Vietnamese participation in the meetings of the Inter-Governmental Committee. The meetings of the Inter-Governmental Committee, either at home or abroad, shall be based on the Committee's operating regulation. Beside the regular meetings, when the need arises, the Chairmen or Vice Chairmen or Executive Secretaries of both parties may meet to discuss measures to solve it.

8. The Executive Secretary of the Sub-Committee is responsible for regularly monitoring in order to update the Chairman on the situation and data, comparing notes with the concerned agencies and seeking instructions from higher levels on matters related to the daily affairs of the Sub-Committee. The Executive Secretary is authorized to convene specialists from Ministries, Services and localities to prepare for meetings of the Inter-Governmental Committee. The Executive Secretary is responsible for keeping the documents and data and statistics of the Sub-Committee in the country as well as on foreign travels and is authorized to bear diplomatic passport.

Article 5.- This Decision replaces Decision No.291-CT on the 21st of October 1989 of the Chairman of the Council of Ministers.

The Chairmen of the Vietnam Sub-Committees, the Ministers, the Heads of the Agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government, are responsible for implementing this Decision.

For the Prime MinisterDeputy Prime Minister

PHAN VAN KHAI